Rocha

Rocha v. United States

Good Law
288 F.2d 545
United States Court of Appeals for the Ninth CircuitMarch 2, 1961No. 16839California3,509 words

Opinion

Lead Opinion

Barnes, J.

The six appellants, herein known as “immigrant defendants,” with eight indicted coconspirators (herein known as “coconspirators”) and six unindicted co-conspirators (herein known as “brides”) were charged with conspiracy to defraud the United States. The object of the conspiracy was to permit the six immigrant defendants to make an unlawful entry into the United States, as immigrants in a claimed preferred status, viz. as husbands (through alleged sham marriages) to the United States citizen brides. 8 U.S.C.A. § 1325 . Jurisdiction is claimed generally under 18 U.S.C. § 3231 ; and more specifically under 18 U.S.C. §§ 3237 , 3238. We do not find 18 U.S.C. § 3237 applicable.

Additionally, each appellant was charged in three substantive counts of (a) knowingly making a false oath before a consular officer abroad ( 18 U.S.C. § 1546 ); (b) obtaining and accepting an immigrant visa by means of a false statement with respect to a material fact in a visa application; and (c) accepting and retaining an alien registration permit card so fraudulently obtained.

Each defendant was convicted on the conspiracy count (I), and one count charging the making of the false statement (the so-called…

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